Provisions Concerning the Filing Prosecution and Maintenance of Patent Rights. The following provisions relate to the filing, prosecution and maintenance of Patent Rights during the term of this Agreement:
Provisions Concerning the Filing Prosecution and Maintenance of Patent Rights. The following provisions relate to the filing, prosecution and maintenance of patents and patent applications during the term of this Agreement:
6.1 FILING, PROSECUTION AND MAINTENANCE BY RIGEL. [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED.
6.1.1 With respect to any Rigel interest in patents and patent applications which claim a Molecular Target ("Target Patent Rights"), Rigel shall have the obligation:
(a) to file applications for letters patent on any invention included in Target Patent Rights; PROVIDED, HOWEVER, that Rigel shall consult with Pfizer regarding countries in which such patent applications should be filed and shall file patent applications in those countries where Pfizer requests that Rigel file such applications; and, further provided, that Rigel, at its option and expense, may file in countries where Pfizer does not request that Rigel file such applications;
(b) to take all reasonable steps to prosecute all pending and new patent applications included within Target Patent Rights;
(c) to respond to oppositions, nullity actions, re-examinations, revocation actions and similar proceedings filed by third parties against the grant of letters patent for such applications;
(d) to maintain in force any letters patent included in Target Patent Rights by duly filing all necessary papers and paying any fees required by the patent laws of the particular country in which such letters patent were granted; and
(e) to cooperate fully with, and take all reasonable and necessary actions requested by, Pfizer in connection with the preparation, prosecution and maintenance of any letters patent included in Target Patent Rights. Rigel shall notify Pfizer in a timely manner of any decision to abandon a pending patent application or an issued patent included in Target Patent Rights. Thereafter, Pfizer shall have the option, at its expense, of continuing to prosecute any such pending patent application or of keeping the issued patent in force.
Provisions Concerning the Filing Prosecution and Maintenance of Patent Rights. The following provisions relate to the filing, prosecution and maintenance of Patent Rights during the term of this Agreement:
7.1 FILING, PROSECUTION, AND MAINTENANCE BY MYCO. With respect to Myco Patent Rights, Myco shall have the exclusive right and obligation:
(a) to file applications for letters patent on any patentable invention included in Myco Program Technology and Myco Non-Program Technology; provided, however, that Myco shall consult with Pfizer regarding countries in which such patent applications should be filed and shall file patent applications in those countries where Pfizer requests that Myco file such applications; and, further provided, that Myco, at its option and expense, may file in countries where Pfizer does not request that Myco file such applications;
(b) to prosecute all pending and new patent applications included within Myco Patent Rights;
(c) to respond to oppositions, nullity actions, re- examinations, revocation actions and similar proceedings filed by third parties against the grant of letters patent for such applications;
(d) to maintain in force any letters patent included in Myco Patent Rights by duly filing all necessary papers and
Provisions Concerning the Filing Prosecution and Maintenance of Patent Rights. Subject to Section 12 of this Agreement, the following provisions relate to the filing, prosecution and maintenance (and the cost thereof) of Program Technology Patent Rights and [***] during the term of this Agreement:
Provisions Concerning the Filing Prosecution and Maintenance of Patent Rights. The following provisions relate to the filing, prosecution and maintenance of Helicon Patents, Joint Patents,
Provisions Concerning the Filing Prosecution and Maintenance of Patent Rights. The following provisions relate to the filing, prosecution and maintenance of OSI Patents and Tanabe Patents:
Provisions Concerning the Filing Prosecution and Maintenance of Patent Rights. 6.1 Patent Filing, Prosecution, Maintenance and Enforcement. ARIAD shall have the sole right, but not the obligation, to prepare, file, prosecute, obtain and maintain, and a first right to enforce, any Licensed Patent Rights (excluding all Patent Rights licensed to Bellicum by [***] that cover any of the [***]-ARIAD MTA Technologies). In the event that ARIAD elects not to enforce any of the Licensed Patent Rights, if the alleged infringement is in the Licensed Field with a product that that comprises a cell transfected with both (but not limited to) a gene for an Antigen and one or more genes for Inducible Costimulatory Molecule(s) where the gene or genes for the Inducible Costimulatory Molecule(s) are activated using an ARIAD Dimerizer or a Non-ARIAD Dimerizer, Bellicum may do so at its sole expense; provided that, if the Licensed Patent Right alleged to be infringed is a patent other than a Licensed Patent Right covering any of the [***]-ARIAD MTA Technologies, Bellicum may do so only with the advance written consent of ARIAD, which may be granted or withheld in Portions of this Exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Securities and Exchange Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. ARIAD’s sole discretion. Bellicum may recover, collect and keep any damages collected as a result of such enforcement by Bellicum. Bellicum shall have the sole right, but not the obligation, to prepare, file, prosecute, obtain, maintain and enforce any Bellicum Patent Rights, and as between Bellicum and ARIAD, Bellicum shall have the sole right to prepare, file, prosecute, obtain and maintain any Patent Rights licensed to Bellicum by [***] that cover any of the [***]-ARIAD MTA Technologies in accordance with the terms and conditions agreed upon between Bellicum and [***]. Subject to any rights granted, at any time, by Bellicum to its Affiliates and/or Sublicensees, in the event that Bellicum elects not to enforce any of the Bellicum Patent Rights, ARIAD may do so only at its own expense and only with the advance written consent of Bellicum, which may be granted or withheld in Bellicum’s sole discretion. ARIAD may recover, collect and keep any damages collected as a result of such enforcement by ARIAD. To the extent Bellicum assumes enforcement of Licensed Patent Rights or ARIAD assumes enforcement of Bellic...
Provisions Concerning the Filing Prosecution and Maintenance of Patent Rights. The following provisions relate to the filing, prosecution and maintenance of Patent Rights during the term of this Agreement:
6.1 Filing, Prosecution and Maintenance by Microcide. With respect to Patent Rights in which Microcide employees or consultants, alone or together with Pfizer employees or consultants, are named as inventors, Microcide shall have the exclusive right and obligation:
(a) to file applications for letters patent; provided, however, that Microcide shall consult with Pfizer regarding countries in which such patent applications should be filed and shall file patent applications in those countries where Pfizer requests that Microcide file such applications; and, further provided, that Microcide, at its option and expense, may file in countries where Pfizer does not request that Microcide file such applications;
(b) to take all reasonable steps to prosecute all pending and new patent applications included within Patent Rights;
(c) to respond to oppositions, nullity actions, reexaminations, revocation actions and similar proceedings filed by third parties against the grant of letters patent for such applications;
(d) to maintain in force any letters patent included in Patent Rights by duly filing all necessary papers and paying any fees required by the patent laws of the particular country in which such letters patent were granted; and
(e) to cooperate fully with, and take all necessary actions requested by, Pfizer in connection with the preparation, prosecution and maintenance of any letters patent included in Patent Rights. Microcide shall notify Pfizer in a timely manner of any decision to abandon a pending patent application or an issued patent included in Patent Rights. Thereafter, Pfizer shall have the option, at its expense, of continuing to prosecute any such pending patent application or of keeping the issued patent in force.
Provisions Concerning the Filing Prosecution and Maintenance of Patent Rights. 6.1 PATENT FILING, PROSECUTION AND MAINTENANCE. Subject to the other terms of this Section 6.1, IMMUNOGEN shall have the right to prepare, file, prosecute, obtain and maintain, at its sole cost and expense, all Licensed Patent Rights. Any such preparation, filing, prosecution and maintenance shall be conducted with commercially reasonable diligence by IMMUNOGEN, using patent counsel selected by IMMUNOGEN and reasonably acceptable to ABX. IMMUNOGEN
(i) will provide ABX with a copy of any proposed patent application within Licensed Patent Rights for review and comment reasonably in advance of filing (which shall under no circumstances be in excess of thirty (30) days), and (ii) will keep ABX reasonably informed of the status of such filing, prosecution and maintenance, including, without limitation, (A) by providing ABX with copies of all communications received from or filed in patent office(s) with respect to such filing, and (B) by providing ABX, a reasonable time prior to taking or failing to take any action that would affect the scope or validity of any such of any such filing (including the substantially narrowing, cancellation or abandonment of any claim(s) without retaining the right to pursue such subject matter in a separate application, or the failure to file or perfect the filing of any claim(s) in any country), with prior written notice of such proposed action or inaction so that ABX has a reasonable opportunity to review and comment. [***] for [***] of [***] with respect to [***] shall be [***]. If IMMUNOGEN fails to undertake the filing(s) of any patent application or submission with respect to any invention under such Licensed Patent Rights, then not less than ninety (90) days prior to the last date for making the applicable filing or submission to preserve rights under such patent application, ABX may undertake such filing(s) at its own expense, in which case IMMUNOGEN will assign to ABX all of its rights to such patent application and invention and any subsequently issued patent thereon, each of which thereafter will be owned solely by ABX.
Provisions Concerning the Filing Prosecution and Maintenance of Patent Rights. The following provisions relate to the filing, prosecution and maintenance of MRC CC Patent Rights, OSI Patent Rights, Joint Patent Rights, and SANKYO Patent Rights:
